Smith v. State

713 S.E.2d 452 (2011)

310 Ga. App. 392

SMITH

v.

The STATE.

No. A11A1082.

Court of Appeals of Georgia.

June 30, 2011.

George Brandon Sparks, Michael R. McCarthy, for appellant.

Kermit Neal McManus, Dist. Atty., Stephen Eric Spencer, Susan Franklin, Asst. Dist. Attys., for appellee.

McFADDEN, Judge.

A jury found Royal Clifford Smith guilty of aggravated sexual battery, criminal attempt to commit child molestation, and two counts of child molestation. Smith appeals, challenging the sufficiency of the evidence. He also argues that the trial court erred in failing to charge the jury on sexual battery as a…